Suspects' Continuous Decision-Making in the Miranda Context: Implications for Wrongful Convictions

• In Event: Poster Session 2

Abstract

Historically, the continuation of Miranda rights, or the so-called fifth prong has received significantly less attention than the first four prongs affecting the initial decision (i.e., the right to remain silent, seek legal counsel, free legal assistance for indigent defendants, and knowledge that one’s words can be used against them at trial). This article delves into the complexities of the fifth prong of Miranda rights, a critical yet under-explored component in the broader conversation of the Miranda decision. The fifth prong states that although suspects can initially waive or invoke their Miranda rights, they can also change their decision “throughout the interrogation” (Miranda v. Arizona, p. 479), and thus helps to further ensure that suspects’ due process rights are protected. Utilizing Wells' (1978) framework, this article focuses on the estimator (outside the control of the legal system) and system variables (within the control of the legal system) associated with an increased or decreased likelihood of the suspect’s decision to reassert or change their initial Miranda decision. Understanding the factors that influence the exercising of the fifth prong can lead to better protection from potential abuses during custodial interrogations, reducing the likelihood of wrongful convictions.

Author

• Suraiya Shammi, George Mason University